The Common Agricultural Policy Single Payment Scheme (Set-aside) (Wales) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations come into force on 15 January 2005. They make provision in Wales for the administration of Council Regulation (EC) No. 1782/2003 (O.J. No. L 270, 21.10.2003, p. 1) (“the Council Regulation”), Commission Regulation (EC) No. 795/2004 (O.J. No. L 141, 30.4.2004, p. 1) and Commission Regulation (EC) No. 1973/2004 (O.J. No. L 345, 20.11.2004, p. 1) (“ Commission Regulation 1973/2004”) in relation to the obligation to set aside land under the new Single Payment Scheme for farmers (“the Scheme”). The Scheme itself came into force on 1 January 2005.

Regulation 3 lays down the minimum size and width of land that may be set aside in specific situations as permitted by Article 54(4) of the Council Regulation. In doing so, it derogates from the provision of Article 54(4) that otherwise lays down the minimum size and width of land that may be set aside.

Regulation 4, as read with Schedules 1 and 2, lays down the good agricultural and environmental conditions that apply to land set aside under the Scheme. These apply in addition to the good agricultural and environmental conditions that apply by virtue of the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 (S.I. 2004 / 3280 (W.284)).

Regulation 5 allows farmers to apply for land that cannot be set aside under the Scheme to be counted as land that may be set aside under the Scheme. Article 33 of Commission Regulation 795/2004 lays down the cases in which this may be permitted. In some cases, this may involve an exchange of land.

Regulation 6 lays down provisions relating to raw materials grown on land which is set aside for the provision of materials for the manufacture within the European Community of products not primarily intended for human or animal consumption (“raw materials produced for non-food purposes”) as follows —

(a) it designates the National Assembly as the competent authority for the purposes of Chapter 16 of Commission Regulation 1973/2004 (use of land set aside for the production of raw materials for non-food purposes) (paragraph (1));

(b) it lays down provisions relating to the weighing of certain raw materials produced for non-food purposes where they are to be used for any of the purposes specified in Article 146(1) of Commission Regulation 1973/2004 (paragraph (2));

(c) it lays down the method of denaturing to be applied to cereals and oilseeds where they are to be used for any of the purposes specified in Article 146(1)(a) of Commission Regulation 1973/2004 (paragraph (3)); and

(d) it lays down the date of 15 May of the year of application as the last day by which contracts made between farmers and collectors or processors in respect of raw materials produced for non-food purposes must be deposited with the National Assembly (paragraph (4)) and the date of 31 January of the following year as the last day by which certain information relating to those materials must be deposited with the National Assembly (paragraph (5)).

Regulation 7 lays down the records that must be kept by collectors and first processors in respect of any raw materials produced for non-food purposes purchased by them and the period for which such records should be kept.

A regulatory appraisal in respect of these Regulations has been prepared and is available from the Department for Environment, Planning and Countryside, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.